Published: 2013-03-01
Key Benefits:
Passed 09.12.2009
RT I 2009, 68, 463
Entry into force 01.01.2010
| 22.04.2010 | RT I 2010, 22, 108 | 01.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, p. 24 - 26). |
| 17.06.2010 | RT I 2010, 38, 231 | 01.07.2010 |
| 16.12.2010 | RT I, 30.12.2010, 2 | 01.01.2011 |
| 17.02.2011 | RT I, 14.03.2011, 3 | 24.03.2011 |
| 17.02.2011 | RT I, 21.03.2011, 1 | 01.01.2012 |
| 06.06.2012 | RT I, 29.06.2012, 3 | 01.01.2013 |
| 05.12.2012 | RT I, 21.12.2012, 1 | 01.03.2013 |
| 20.12.2012 | RT I, 31.12.2012, 5 | 10.01.2013 |
(1) This Act provides the bases for the professional activities of bailiffs, the procedure for disciplinary liability and exercising supervision over bailiffs, the procedure for remuneration of bailiffs and the bases for the activity of common professional association of bailiffs and trustees in bankruptcy.
(2) The provisions of the Administrative Procedure Act apply to administrative proceedings prescribed in this Act, taking account the specifications provided for in this Act. The Administrative Procedure Act shall not be applied to enforcement proceedings.
(1) A bailiff engages in liberal profession and holds office in public law in his or her own name and at own liability.
(2) The professional activities of a bailiff are professional acts and professional services.
(3) A bailiff shall be impartial in the performance of professional activities and appear trustworthy to all persons for whose benefit or with regard to whom he or she performs acts.
(4) A bailiff shall be guided by the oath of office and shall also act in a dignified manner outside of his or her professional activities.
(5) A bailiff shall have a badge of office and an official seal.
(6) A description of the badge of office and the official seal as well as the procedure for the use thereof shall be established by a regulation of the Minister of Justice.
The number of bailiffs’ offices and their corresponding territorial jurisdiction shall be determined by the Minister of Justice.
(1) A bailiff works through his or her office.
(2) A bailiff’s office shall be situated in the territorial jurisdiction of the bailiff and it shall be suitable for receiving people.
(3) Opening hours of the office and the bailiff’s office hours shall be made known to the public on the website of the Ministry of Justice and on the website of the Chamber of Bailiffs and Trustees in Bankruptcy (hereinafter Chamber), moreover, information shall be located in a visible place at the entrance of the bailiff’s office. The minimum opening hours and office hours may be established by a regulation of the Minister of Justice.
(4) Bailiffs working in the same territorial jurisdiction may operate a common office with the permission of the Minister of Justice. Bailiffs who operate a common office shall determine their rights and obligations with regard to each other in a written contract. In operating a common office, each bailiff shall perform professional acts and provide professional services in his or her own name and shall be personally liable for his or her professional activities.
(5) For accounting purposes, bailiffs are considered to be sole proprietors. Bailiffs operating a common office may maintain common accounts.
(1) A bailiff shall not hold other paid offices besides the office of bailiff or perform any other paid work except for teaching, research and creative work and acting as a trustee in bankruptcy.
(2) A bailiff shall not engage in enterprise, or:
1) be a shareholder in general partnership, general partner of a limited partnership or a member of such commercial association the statutes of which prescribe the personal liability of the member for the liabilities of the commercial association;
2) be a member of the supervisory or management board of a company, a procurator or a liquidator of a company, unless she or he has been appointed as liquidator by a court;
3) be the director of a branch of a foreign company;
4) be a member of a bankruptcy committee or a compulsory administrator of an immovable.
(3) The name and registry code of the company, the shares of which belong to the bailiff shall be disclosed on the website of the Chamber. Information concerning the possession of publicly issued securities shall not be disclosed. Information for publishing on the website shall be sent to the Chamber by the bailiff.
(1) A bailiff performs professional acts:
1) on the basis of the Code of Enforcement Procedure upon exercising enforcement proceedings;
2) on the basis of legal proceedings acts upon the delivery of documents;
3) on the basis of the Law of Succession Act upon making inventory of the estate and administration of the estate;
4) in the cases and pursuant to the procedure prescribed in the law upon conducting an auction (hereinafter official auction) at the request of court or administrative body outside enforcement proceedings.
(2) A bailiff may refuse to perform a professional act only on the bases and pursuant to the procedure provided for in the law.
(1) A bailiff shall perform the following official duties personally:
1) suspension and termination of enforcement proceedings;
2) sale of debtor’s assets in the manner provided for in § 101 and 102 of the Code of Enforcement Procedure;
3) submission of registration application to the land registry department concerning property sold by auction in enforcement proceedings and submission of applications for the transfer of ownership to other property registers;
4) division of the receipts from the sale of assets in enforcement proceedings;
5) filling out the execution document in the matter of establishing the right of access to child and the return of child;
6) signing the list of inventory of the estate.
(2) Parties to a proceeding are entitled to request explanations directly from the bailiff in connection with a professional act.
(1) Upon the request of a person, a bailiff may perform the following as professional services:
1) conduct of movable and immovable property auction (hereinafter private auction);
2) delivery of documents;
3) giving of legal advice and drawing of legal documents if his or her education corresponds to the specifications of § 47 (1) 1) of the Courts Act.
(2) Before the provision of professional services, the bailiff shall notify the Chamber of the type of professional service which the bailiff intends to engage in and shall enter into professional liability insurance contract for securing the compensation of damage resulting from the provision of such service pursuant to the procedure provided for in § 10 of this Act.
(3) A bailiff shall be entitled to refuse to provide a professional service.
(4) If a bailiff has consented with the provision of a professional service, he or she cannot refuse from it without good reason.
(5) The terms for the provision of professional services and the procedure for remuneration shall be agreed with the person applying for the service in written form. The terms and remuneration agreed shall be in conformity with good professional practice.
(6) Upon the provision of professional services, a bailiff shall not exercise those rights which have been rendered to bailiffs for the implementation of professional acts on the basis of law or which arise from his or her office.
(1) A bailiff shall be liable for damage wrongfully caused in the course of his or her professional activities on the bases and to the extent specified in the State Liability Act. A bailiff shall also be liable for damage wrongfully caused by the employees of his or her office.
(2) The Chamber shall be liable for damage wrongfully caused by a bailiff who is in the training specified in § 96 of this Act.
(3) A bailiff who has been released from office shall be liable for the wrongful breach of his or her official duties during his or her term of office also after release from office.
(4) The bailiff who is being substituted shall be liable for the activity of a substitute bailiff if assistant bailiff acts as the bailiff who is being substituted. If another assistant bailiff substitutes the bailiff, the Chamber shall be liable for the activity of the substitute.
(5) If a party to a proceeding or a third person is also liable for causing damage, the bailiff shall be liable for the damage caused by the wrongful breach of his or her official duties to an extent in which it is not possible to receive compensation from a party to a proceeding or from a third person. If compensation could not be received from a party to a proceeding or a third person in the entire extent in which he or she caused damage, the bailiff shall have the right of recourse towards a party to a proceeding or a third person to an extent which the bailiff has paid for him or her.
(6) If claims for the compensation of damage caused by the professional act of a bailiff cannot be satisfied from the assets of a bailiff or any other person liable for the damage or if such claims cannot be satisfied in full, first the Chamber and second the state shall be liable for the damage caused. The Chamber and the state shall have the right of recourse towards the bailiff or a person liable for the damage to the extent of the compensated damage. The state may also file the recourse towards the Chamber.
(7) The expenses of the Chamber accompanying the provisions of this section shall be covered from the budget of bailiffs’ occupational union of the Chamber (hereinafter occupational union).
(8) Disputes related to the compensation of damage by a bailiff shall be reviewed in county court.
(9) A claim resulting from subsection (1) of this section shall expire after three years as of the date on which the victim became aware of the damage and of the person liable for the compensation thereof, but not later than within ten years after the causing of damage.
(1) In order to ensure compensation for the damage caused in the course of professional activities of a bailiff, the bailiff shall enter into a professional liability insurance contract with an insurer who is a company having permission to engage in insurance activities in Estonia according to the following conditions:
1) an insured event shall be a violation of the bailiff’s obligations having taken place during the period of insurance, the damage caused as a result of which shall be compensated by the bailiff on the basis of this Act;
2) the minimum amount of insurance coverage for one insured event shall be not less than 63 910 euros and the maximum amount of insurance indemnities payable for all insured events having taken place within the period of insurance shall be not less than 191 700 euros;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
3) if the insurance contract has been concluded with deductible, the insurer shall compensate the entire damage caused but not over the sum insured and shall collect the excess from the policyholder.
(2) Liability for intentional breach of official duties need not be insured by a bailiff.
(3) A bailiff may also insure the liability for damage caused by the provision of professional services only to the extent specified in § 8 (2) of this Act. In this case the bailiff may not provide the professional services not covered by the insurance contract.
(4) A copy of the professional liability insurance contract and the insurance policy shall be submitted to the management board of the occupational union immediately after entry into the professional liability insurance contract. The occupational union shall verify the existence of professional liability insurance of a bailiff.
(5) If a bailiff does not have a valid professional liability insurance contract, the occupational union shall make a proposal to the Minister of Justice for the suspension of bailiff’s authorities.
(6) A bailiff shall give written notice to the management board of the occupational union of the circumstances specified in § 514 (1) and (3) of the Law of Obligations Act within two weeks after becoming aware of such circumstances. A bailiff shall forward the management board of the occupational union information concerning payment by the insurer of the insurance indemnity to the aggrieved party, of the amount of the insurance indemnity, and of the event which caused the insurance case and within two weeks after the payment of the insurance indemnity.
(7) The insurance contract for the compensation of damage caused by a bailiff under training shall be concluded by the occupational union.
(1) A bailiff is required to maintain professional confidentiality and not to disclose information obtained in his or her professional activities. The duty to maintain confidentiality also remains after a bailiff resigns from office.
(2) The employees of a bailiff’s office and the Chamber as well as all other persons whom the bailiff has disclosed information in connection with his or her professional activities shall comply with the duty to maintain professional confidentiality.
(3) The bailiff shall disclose information received in connection with professional activities to:
1) parties to a proceeding;
2) court;
3) extrajudicial body conducting proceedings, investigative body and prosecutor’s office in misdemeanour or criminal proceedings and pursuant to the procedure specified in international agreements on the basis of requests for legal assistance received from a foreign state;
4) the Chamber and the Ministry of Justice in supervision and disciplinary proceedings;
5) other persons who are entitled to receive information pursuant to law or whom the disclosure of information is necessary by reason for the implementation of a task arising from the law.
(4) If a claim for child support in enforcement proceedings has been collectable for more than 60 days, the bailiff shall publish the debtor’s name, personal identification code or the date of birth in case of lack thereof and the amount of debt on the Chamber’s website upon the claimant’s consent. A bailiff shall delete the debtor’s data from the Chamber’s website within 10 days after the execution of the claim for support.
(5) If it appears upon the making of a professional act that the person has committed an act with the elements of offence, the bailiff shall notify the competent authority thereof in order to decide the commencement of misdemeanour or criminal proceedings.
A bailiff and an assistant bailiff are required to develop the knowledge of their speciality on a regular basis and pass the periodical legal in-service training prescribed in § 97 of this Act.
(1) All professional acts and services of a bailiff shall be registered in the book concerning the professional activities of a bailiff.
(2) The person upon whose request or with respect to whom the professional act was made or service was provided shall be issued an extract from the book concerning the professional activities upon his or her written request.
(3) The requirements presented to the book concerning the professional activities of a bailiff, format and procedure of keeping thereof shall be established by a regulation of the Minister of Justice.
(4) The Minister of Justice may determine the reporting period, list of data necessary for reporting and the method of presentation.
(1) Documents created or received by a bailiff in the course of professional acts shall be documents created or received in the course of performance of public duties in the meaning of the Archives Act.
[RT I, 21.03.2011, 1 - entry into force 01.01.2012]
(2) The procedure for preservation and transfer of documents specified in subsection (1) of this section and the terms shall be established by a regulation of the Minister of Justice.
(1) Documents created upon the making of professional acts as well as all the rights and obligations related thereto by a bailiff who resigns from office (hereinafter bailiff resigning from office) or by a deceased bailiff, including advance payments made in enforcement proceedings and the official bank account of a bailiff shall transfer to the bailiff who assumes administration (hereinafter bailiff assuming office). The assumption of office shall be organised by the occupational union.
(2) The bailiff resigning from office and the bailiff assuming office shall sign an instrument of delivery and receipt concerning the transfer of the claims which are subject to be processed, including the claims related to enforcement proceedings and the advance payments related to such claims; a copy of the instrument of delivery and receipt shall be forwarded to the Chamber and the Ministry of Justice.
(3) A bailiff resigning from office shall maintain the documents and information contained on other media related to his or her professional activities and forward these to the bailiff assuming office.
(4) A bailiff resigning from office shall transfer the files related to completed professional acts to an archive pursuant to the legislation regulating maintenance of archives.
(5) A bailiff resigning from office shall ensure that the persons appointed by the Chamber have access to the premises of the bailiff's office and to the information necessary for the transfer of files related to professional acts.
(6) The procedure for transfer and receipt of documents related to professional acts, and of administration, rights and obligations related thereto shall be established by a regulation of the Minister of Justice.
(7) If the authority of a bailiff has been suspended and the duration of such condition is more than two months, the bailiff shall transfer the documents created upon making professional acts as well as the rights and obligations related thereto to his or her substitute bailiff pursuant to the procedure specified in subsections (1), (2), (5) and (6) of this Act. Upon restoration of authority, the transferred documents and the rights and obligations related thereto shall be returned to the bailiff pursuant to the procedure specified in subsections (1), (2), (5) and (6) of this Act.
The Minister of Justice and the occupational union are entitled to impose an obligation on a bailiff to perform professional acts related to the professional activities of a bailiff who has been released from office or whose authority has been suspended.
(1) A citizen of a member state of the European Union who is proficient in oral and written Estonian, is honest and of high moral character and who has acquired a nationally recognized Bachelor’s degree or nationally recognized professional higher education in law or who has acquired a corresponding qualification in the meaning of § 28 (2)2 of the Education Act of the Republic of Estonia or a corresponding qualification of a foreign state may become a bailiff and who has:
1) acted as an assistant bailiff, sworn advocate, judge, notary or trustee in bankruptcy for at least one year or
2) worked in a position requiring academic or professional higher education in law no less than for five years before applying for the office of a bailiff and who has passed the bailiff examination.
(2) The following persons shall not be appointed as bailiffs:
1) a person who has been punished for an intentionally committed criminal offence pursuant to criminal procedure;
2) a person who has been removed from office as a judge, notary, sworn translator or bailiff;
3) a person who has been disbarred;
4) a person who has been released from public service for disciplinary offence;
5) a person who is bankrupt;
6) a person whose professional activities as an auditor have been terminated, except for termination on the basis of auditor’s application;
7) a person whose vocation as a trustee in bankruptcy or patent agent has been revoked, except for revocation of vocation on the basis of the person’s application.
Section 1171 of the Courts Act applies to the verification of the trustworthiness of applicants for bailiff and assistant bailiff office.
(1) A person who complies with the conditions specified in § 17 (1) of this Act may apply for a vacant office of a bailiff.
(2) Vacant office of a bailiff shall be filled on the basis of a competition. Competition shall be announced for the office of a bailiff of a certain work jurisdiction.
(3) The necessity for the filling of a vacant office of a bailiff shall be decided by and the competition for the filling of office of a bailiff shall be announced by the Ministry of Justice.
(4) In order to participate in the competition, the examination board shall be submitted an application to which the following documents shall be annexed:
1) copy of an identity document and a document certifying citizenship;
2) copy of a document certifying the education required in § 17 (1) of this Act;
3) copy of a document certifying the previous employment and career;
4) curriculum vitae;
5) confirmation under the hand of the candidate that he or she complies with the conditions specified in § 17 of this Act.
(5) The procedure for the competition for the filling of the office of bailiff shall be established by a regulation of the Minister of Justice.
(6) The competition for the filling of the office of bailiff shall be conducted by the examination board of the Chamber (hereinafter examination board).
(7) A bailiff shall be appointed to office by the Minister of Justice. A bailiff shall be appointed to office for an unspecified term.
(8) After appointment to office and before the assumption of office, the person shall pass the training specified in § 96 of this Act. A bailiff who is under training may perform all professional acts of a bailiff in the name of the bailiff and be a substitute bailiff.
(9) A person specified in § 17 (1) 1) shall not be required to pass the training.
(10) A bailiff shall assume office within four months after the examination board deems the training as passed. A person specified in subsection (9) of this section shall assume office within four months after appointment to office.
Before assumption of office, a bailiff shall take the following oath of office to the Minister of Justice and substitute bailiff to the management board of the occupational union:
“I swear by my honour and my knowledge to be faithful to the Republic of Estonia and to observe its Constitution and laws. I swear that I shall execute my office in an honest, dignified and impartial manner.”
(1) A bailiff shall be released from office by the Minister of Justice:
1) on the basis of a written application from the bailiff;
2) due to the state of health of the bailiff which does not allow him or her to practise as a bailiff continuously.
(2) The Minister of Justice shall remove a bailiff from office:
1) if a conviction of a court for an intentionally committed criminal offence has entered into force in respect of the bailiff or any other conviction of a court has entered into force in respect of the bailiff by which a punishment is imposed on the bailiff which renders it impossible for the person to act as a bailiff;
2) if removal from office is imposed on a bailiff as a disciplinary penalty;
3) on the grounds specified in § 97 (5) of this Act;
4) if requirements specified in § 17 (1) or (2) of this Act are not complied with or if, after appointment to office, it becomes evident that the bailiff has submitted knowingly false information when running as a candidate for the office of a bailiff;
5) on the grounds specified in § 96 (6) of this Act;
6) if the bailiff does not assume office during the time specified in § 19 (10) of this Act;
7) if the bailiff is declared bankrupt or bankruptcy proceedings are terminated by abatement.
(1) The Minister of Justice may suspend the authority of a bailiff upon the following circumstances:
1) until deciding the release from office of a bailiff in the case specified in § 21 (1) 2) of this Act;
2) until the end of disciplinary proceedings in case of commencement of disciplinary proceedings towards the bailiff;
3) from the bringing of charges until the termination of criminal proceedings or until the enforcement of acquittal in case of bringing charges towards the bailiff pursuant to criminal procedure;
4) if the bailiff has not concluded a professional liability insurance contract corresponding to the requirements specified in § 10 of this Act;
5) upon the bailiff’s request, in case the bailiff wishes to engage in professional development for up to one year;
6) upon the bailiff’s request if he or she commences employment in the service of the Chamber or in the international representative organization of bailiffs for up to five years;
7) in case of other good reason for up to three years.
(2) During the suspension of authority, the legal provisions governing the bailiff’s activity related to the performance of professional acts shall not be applied to the bailiff. Bailiff’s obligation to conduct him or herself and act in a dignified manner shall apply during the suspension of authority.
(3) During the suspension of authority, a bailiff is prohibited to perform professional acts and provide professional services.
(4) The authority of a bailiff shall be restored by the Minister of Justice promptly after becoming aware that the bases for suspension of authority have ceased to exist.
(1) Employees of bailiff’s office are assistant bailiffs and other office employees.
(2) An employee of a bailiff’s office may be a person who is proficient in oral and written Estonian, is honest and of moral character. In addition to the above, an assistant bailiff must have passed a nationally recognized Bachelor’s study programme or professional higher education programme in law, no circumstances excluding the appointment of a bailiff to office specified in § 17 (2) of this Act may exist with regard to him or her, he or she must have passed the bailiff examination and be entered in the list of assistant bailiffs.
(3) An employee of a bailiff’s office shall be competent to deliver documents in the name and responsibility of the bailiff and assist the bailiff in his or her professional activities. An assistant bailiff shall be competent to perform all professional acts in the name and responsibility of a bailiff which the bailiff is not required to perform personally according to § 7 (1) of this Act.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(4) An assistant bailiff who has worked as an assistant bailiff for at least one year may substitute the bailiff in the cases and pursuant to the procedure prescribed in this Act.
(5) A bailiff who has been in office for more than two years shall ensure that at least one assistant bailiff is employed in his or her office. The management board of the occupational union may exempt the bailiff from this obligation for a specified term upon good reason.
(6) A person in service of the Chamber who complies with the requirements presented to an assistant bailiff may also act as an assistant bailiff.
(1) The list of assistant bailiffs shall be maintained by the Chamber. The management board of the occupational union shall enter the following persons in the list on the basis of a bailiff’s application or upon its own initiative:
1) who comply with the requirements presented to assistant bailiffs;
2) who are in an employment relationship with the Chamber or a bailiff.
(2) The management board of the occupational union shall separately note the assistant bailiffs who are entitled to act as substitute bailiffs.
(3) The management board of the occupational union shall, on the basis of the bailiff’s request or upon its own initiative, delete the assistant bailiffs from the list with regard to whom the basis for entry in the list specified in subsection (1) of this section has ceased to exist.
(4) A bailiff shall immediately apply for making changes in the list from the management board of the occupational union if such necessity arises in connection with an assistant working in the bailiff’s office.
(5) An assistant bailiff who has been deleted from the list but who complies with the requirements presented to a bailiff and who has acted as an assistant bailiff for at least one year may run as a candidate for a vacant office of a bailiff without taking the bailiff examination again within seven years since deletion from the list.
(6) The name of the assistant bailiff and the name of the bailiff in whose office the assistant is employed in shall be specified in the list.
(7) The list shall be published on the Chamber’s website. Specific requirements for maintaining the list of assistant bailiffs and the publishing thereof shall be prescribed in the statutes of the Chamber.
(1) If a bailiff wishes to be absent from the performance of official duties for more than two months in a year, the bailiff shall apply for the suspension of authority from the Minister of Justice through the occupational union. If a bailiff is unable to file the given application, the occupational union shall notify the Ministry of Justice of the absence of the bailiff from the performance of official duties.
(2) If a bailiff wishes to be absent or is forced to be absent from the performance of official duties for more than ten working days in a month, the bailiff shall notify the occupational union thereof in writing who shall appoint a substitute for the bailiff. Upon the bailiff’s request, a substitute may be appointed for a bailiff also in case of a shorter absence.
(3) A bailiff shall submit a proposal concerning the suitable person for substitute together with the application or notice specified in subsections (1) and (2) of this section. An assistant bailiff in service of the Chamber, an assistant bailiff employed in the office of the bailiff who is substituted for and a bailiff working in the same jurisdiction with the bailiff who is substituted for may not refuse from substitution without good reason.
(4) A bailiff who is substituted for is prohibited from performing professional acts and providing professional services.
(5) If the office of a bailiff is temporarily vacant, the occupational union may appoint a substitute for the given office. The occupational union shall appoint a substitute for a vacant office upon the request of the Ministry of Justice.
(6) A substitute specified in subsection (5) of this section shall act at the expense of the Chamber and the expenses shall be covered from the budget section of the occupational union. Revenue collected as the result of the substitute’s activity shall be the revenue of the occupational union.
(7) The procedure for substitution of a bailiff shall be established by a resolution of the occupational union.
(1) A bailiff may be substituted for by another bailiff or an assistant bailiff specified in § 23 (4) of this Act. Upon the appointment of a substitute, the assistant bailiff working in the office of the bailiff who is substituted for shall be preferred.
(2) If, after the appointment of the assistant bailiff as a substitute, it becomes evident that the person does not comply with the requirements presented to a substitute bailiff, the professional acts performed and professional services provided by the substitute until such time shall remain in force.
(3) The provisions of this Act concerning bailiffs apply to substitute bailiffs, unless otherwise provided for by this Act.
(1) If a bailiff or an assistant bailiff other than the employee of the office of a bailiff who is substituted for shall be appointed as a substitute bailiff, the bailiff who is substituted for shall pay a corresponding fee to the occupational union.
(2) The amount of remuneration specified in subsection (1) of this section as well as the amount of fee payable to the substitute by the Chamber shall be established by a resolution of the occupational union. The Chamber shall not pay remuneration to the substitute bailiff who is an employee of the bailiff who is substituted for, except in the case specified in § 25 (5) of this Act.
(3) In addition to the fee specified in subsection (2) of this section, the Chamber shall pay an additional fee to the substitute specified in § 25 (5) of this Act, the amount of which equals to half of the net profit of the activity of the bailiff’s office during the time of substitution.
(1) A fee shall be charged for a professional act of a bailiff.
(2) A bailiff has the right to charge a fee for professional acts and request the compensation of the accompanying costs only in cases, to the extent and pursuant to the procedure provided for in this Act. A bailiff is prohibited from entering into agreements to alter the rates of fees or the procedure for the charging of fees provided for in this Act.
(3) The fee for administration of estate shall be determined by court pursuant to the procedure prescribed in the Law of Succession Act and the Code of Civil Procedure. This Act shall not be applied with regard to this fee.
[RT I 2010, 38, 231 - entry into force 01.07.2010]
(1) Bailiff’s fee may compose of the fee for commencement of proceedings, basic fee of proceedings and additional fee for enforcement actions.
(2) A bailiff shall be entitled to request an advance payment of the fee in cases and to the extent provided for in the law. An advance payment cannot be requested from a person who files a support payment claim subject to enforcement.
(1) The fee for commencement of proceedings shall be paid by the person who requests the performance of a professional act, unless otherwise provided by law. In enforcement proceedings, the fee for commencement of proceedings shall be paid by the debtor, unless otherwise provided by law.
(2) In enforcement proceedings, the basic fee of proceedings shall be paid by the debtor, unless otherwise provided by law. In case of other professional acts, the person who applies for the performance of a professional act shall pay the basic fee of proceedings, unless otherwise provided by law.
(3) The advance payment shall be made by the person who applies for the making of a professional act.
(1) A bailiff shall make a decision for the collection of fee, including an advance payment.
(2) A decision on the bailiff's fee shall set out:
1) name and address of the obligated person;
2) the name, details and number of the official bank account of the bailiff;
3) date of the decision, number of enforcement matter, data of the execution document in case of fulfilment thereof;
4) amount of the bailiff's fee together and without value added tax, and reference to the provisions of this Act based on which the fees were calculated;
5) reference to the procedure for filing complaints against the decision on the bailiff's fee.
(3) A decision on bailiff’s bee shall be signed by the bailiff.
(1) The fee for commencement of proceedings becomes collectable upon commencement of proceedings.
(2) In the case of fulfilment of financial claims, the basic fee becomes collectable upon delivery of the enforcement notice on the debtor. In the case of fulfilment of non-financial claims and the performance of other enforcement actions, the basic fee becomes collectable upon termination of enforcement actions.
(3) Value added tax shall be added to the bailiff’s fee.
(4) In the case of fulfilment of financial claims, the debtor shall be explained in the enforcement notice that if he or she complies with it before the expiry of the term prescribed for voluntary compliance with the enforcement document, the basic fee shall be collected from the debtor only to the extent of one half of the amount. The enforcement notice shall specify the total amount of basic fee in numbers together with value added tax and in case of voluntary compliance with, one half of the payable basic amount together with value added tax. If an enforcement document is complied with before the expiry of the term prescribed for voluntary compliance with the enforcement document, the basic fee of proceedings shall be collected from the debtor only to the extent of one half of the amount prescribed by law.
(5) If a financial claim which is subject to execution is collected partially, a bailiff may collect, as his or her basic fee, only an amount proportional to the collected sum of the claim.
(6) If an enforcement matter is transferred from one bailiff to another and the fee for commencement of proceedings has already been paid for the given proceeding, the bailiff assuming the enforcement matter may not require the payment of the fee for commencement of proceedings.
(1) If a claimant fails to make an advance payment, a bailiff is permitted not to commence enforcement proceedings and shall return the enforcement document to the claimant.
(2) If a bailiff commences enforcement proceedings without requiring an advance payment or regardless of the claimant's failure to make an advance payment, the bailiff has no right to demand the advance payment later.
(3) If the bailiff’s fee has been collected from the debtor in full, the bailiff shall return the advance payment to the claimant within one month from the collection of the fee.
(4) If enforcement proceedings shall be terminated without satisfying the claim, the advance payment of the bailiff’s fee shall not be returned to the claimant.
The fee for commencement of enforcement proceedings shall be 15.97 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(1) If an execution document for payment by the debtor of an amount of up to 3200 euros to the claimant is submitted for enforcement, the advance payment of bailiff's fee and bailiff's basic fee shall be calculated according to the sum of the claim set forth in the following table.
| Amount of claim forpayment up to... euros | Rate of bailiff’sbasic fee in euros | Advance payment ofbailiff’s fee in euros |
| 35 | 15.50 | |
| 65 | 25.50 | |
| 130 | 38 | 6 |
| 200 | 55.50 | 7.50 |
| 260 | 69 | 9.50 |
| 320 | 83 | 10 |
| 400 | 95.50 | 10.50 |
| 500 | 109.50 | 12 |
| 550 | 122.50 | 12.50 |
| 600 | 132 | 13 |
| 700 | 140.50 | 14 |
| 1000 | 201 | 19 |
| 1300 | 256.50 | 23.50 |
| 1600 | 305 | 25.50 |
| 1900 | 347 | 31.50 |
| 2600 | 442 | 44.50 |
| 3200 | 519 | 57.50 |
(2) If an execution document for payment by the debtor of an amount exceeding 3200 euros to the claimant is submitted for enforcement, the bailiff's basic fee shall be calculated as follows:
1) a bailiff's basic fee on an amount of claim of 3201– 3900 euros shall be 14.75 % of the amount of the claim but not more than 527 euros;
2) a bailiff's basic fee on an amount of claim of 3901– 4500 euros shall be 13.75% of the amount of the claim but not more than 548 euros;
3) a bailiff's basic fee on an amount of claim of 4501– 5100 euros shall be 12.25% of the amount of the claim but not more than 575 euros;
4) a bailiff's basic fee on an amount of claim of 5101–5800 euros shall be 11.25 % of the amount of the claim but not more than 603 euros;
5) a bailiff's basic fee on an amount of claim of 5801–6400 euros shall be 10.5 % of the amount of the claim but not more than 607 euros;
6) a bailiff's basic fee on an amount of claim of 6401–13 000 euros shall be 9.5 % of the amount of the claim but not more than 1182 euros;
7) a bailiff's basic fee on an amount of claim of 13 001–25 500 euros shall be 9.25 % of the amount of the claim but not more than 2,300 euros;
8) a bailiff's basic fee on an amount of claim of 25 501–38 400 euros shall be 9 % of the amount of the claim but not more than 3355 euros;
9) a bailiff's basic fee on an amount of claim of 38 401–51 200 euros shall be 8.75 % of the amount of the claim but not more than 4345 euros;
10) a bailiff's basic fee on an amount of claim of 51 201–63 900 euros shall be 8.5 % of the amount of the claim but not more than 5112 euros;
11) a bailiff's basic fee on an amount of claim of 63 901–127 800 euros shall be 8 % of the amount of the claim but not more than 9586 euros;
12) a bailiff's basic fee on an amount of claim of 127 801–191 800 euros shall be 7.5 % of the amount of the claim but not more than 13 900 euros;
13) a bailiff's basic fee on an amount of claim of 191 801–255 700 euros shall be 7.25 % of the amount of the claim but not more than 16 617 euros;
14) a bailiff's basic fee on an amount of claim of 255 701–319 600 euros shall be 6.5 % of the amount of the claim but not more than 17 575 euros;
15) a bailiff's basic fee on an amount of claim of 319 601–383 500 euros shall be 5.5 % of the amount of the claim but not more than 18 214 euros;
16) a bailiff's basic fee on an amount of claim of 383 501–447 400 euros shall be 4.75 % of the amount of the claim but not more than 20 132 euros;
17) a bailiff's basic fee on an amount of claim of 447 401–511 300 euros shall be 4.5 % of the amount of the claim but not more than 20 451 euros;
18) a bailiff's basic fee on an amount of claim of 511 301–575 000 euros shall be 4 % of the amount of the claim.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(3) A bailiff’s basic fee on an amount of claim more than 575 000 euros shall be 23 008 euros + 0.5% of the amount exceeding 575 000 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(4) The advance payment of a bailiff's fee shall be 191 euros on the amounts of claim specified in subsection (2) of this section and 319 euros on the amounts of claim specified in subsection (3) of this section.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(1) The bailiff’s fee shall be paid on the basis of a fixed basic fee rate for the following enforcement actions:
1) reclamation of a movable;
2) return of an immovable (eviction);
3) return of a child and grant of access to a child;
4) organising an auction among co-owners;
5) recording and valuation of immovable under expropriation;
6) compliance with an order to assume or transfer possession of immovable under expropriation;
7) compliance with a court decision whereby a person is required to perform other acts.
(2) For an action specified in clauses (1) 1)–3) and 7) of this section, the bailiff’s basic fee shall be 140 euros and the advance payment of bailiff’s fee shall be 92 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(3) In the case of an auction between co-owners, the bailiff's basic fee shall be 278 euros. The fee shall be paid by the co-owner who made the best offer.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(4) The basic fee for expropriation actions shall be paid by the expropriating authority. The fee shall be calculated on the basis of § 35 of this Act as follows:
1) the bailiff's fee for recording and valuation of an expropriated immovable shall be a half of the rate of fee which corresponds to the value of the recorded immovable according to the valuation report;
2) the bailiff's fee for compliance with an order to assume or transfer the possession of an expropriated immovable shall be one third of the rate of fee which corresponds to the size of the determined expropriation payment.
(1) The fee for commencement of proceedings payable for a claim for payment of support is a lump-sum amount which corresponds to the minimum rate of support established by law. The fee for commencement of proceedings is collected together with the first monthly payment. If the debtor pays only a part of the first monthly support payment, the bailiff shall collect the fee for commencement of proceedings which is in proportion to the amount claimed.
(2) The basic fee payable for a claim for payment of support shall be calculated from the amount of arrears in the payment of support falling due on the basis of § 35 of this Act. If the debtor pays only a part of the support payment, the bailiff shall collect a fee which is in proportion to the amount claimed. Basic fee shall not be calculated if the debtor makes the support payments before the falling due thereof.
(1) A basic fee payable for execution of a ruling for securing an action shall be based on the value of the action and shall be paid as follows:
1) if the value of the action is up to 3200 euros, the fee shall be 70 euros
2) if the value of the action is 3201–12 800 euros, the fee shall be 140 euros;
3) if the value of the action is more than 12 800 euros, the fee shall be 278 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(2) If a ruling for securing an action concerns a non-monetary claim or the value of the action has not been determined or is unspecified, and in the case of enforcement of a ruling for revocation of securing an action or enforcement of a judgment, the bailiff's fee shall be 92 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(3) If a ruling for securing an action concerns both a monetary and non-monetary claim, the fee rates prescribed in subsections (1) and (2) of this section shall be totalled.
(4) In the case of enforcement of a ruling for securing an action or upon revocation of the securing of an action, the bailiff's fee shall be paid by the person who petitioned for the application of the measure for securing the action.
(5) The bailiff's fee becomes collectable upon submission, for compulsory execution, of a ruling for securing an action. If a claimant fails to pay a bailiff's fee, a bailiff is permitted not to commence enforcement proceedings.
[Repealed - RT I, 14.03.2011, 3 – entered into force 24.03.2011]
(1) If, on the basis of an order of an investigative body, a bailiff collects information which the body conducting proceedings needs to impose a fine to the extent of assets or confiscation of assets deriving from crime, the body conducting proceedings shall pay the bailiff’s fee.
(2) The amount of the bailiff's basic fee shall be based on the determined value of the assets and shall be paid as follows:
1) 31 euros for assets with the value of up to 32 000 euros;
2) 63 euros for assets with the value between 32 001–64 100 euros;
3) 95 euros for assets with the value of more than 64 100 euros.
The fee shall become collectable upon submission of the statement concerning the financial situation to the body conducting the proceedings.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(1) If, in the course of enforcement proceedings it is established that the debtor has fulfilled the claim with respect to the claimant in conformance with the requirements before the claimant has submitted the petition to the bailiff, the claimant shall pay the fee for commencement of proceedings and one half of the basic fee of proceedings. If the debtor fulfils the claim in conformance with the requirements after submitting the petition to the bailiff but before the receipt of the enforcement notice, the debtor shall pay the fee for commencement of proceedings. If the claim was fulfilled on the same day with the delivery of the enforcement notice, fulfilment shall be deemed to be performed after the delivery of the enforcement notice and the debtor shall pay the fee for commencement of proceedings and one half of the basic fee of proceedings.
(2) If the claimant applies for the termination of enforcement proceedings before collection of the claim in full by a bailiff and the bailiff has performed enforcement actions in order to collect the claim, the claimant shall pay the fee for commencement of proceedings and one half of the basic fee of proceedings on the uncollected amount.
(1) A person who requests that a copy of a document be made shall pay for the copy. This provision does not apply to an administrative authority entitled to receive information from the enforcement file according to the law.
(2) The bailiff's fee for preparation of a copy of a document shall be:
1) 0.31 euros per A4-format page;
2) 0.44 euros per A3-format page.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) A bailiff shall receive a fee of 1.50 euros for the issue of a certificate concerning an enforcement action.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
(1) A bailiff has the right to request an additional fee to the extent provided for in this Act if an enforcement action specified in § 44–47 of this Act is technically or legally complex or time-consuming. The additional fee shall be determined in the form of a fixed sum or hourly fee. The additional fee shall be added to the basic fee and the bailiff has the right to request payment of such fee only if the debtor has failed to fulfil the claim during the term for voluntary compliance and the bailiff has performed an enforcement action for which he or she is entitled to receive an additional fee.
(2) The decision to order payment of additional fee shall be issued to the debtor after performance of the enforcement action. The decision on the fee shall set out, in addition to the data specified in § 31(2) of this Act, the content and the time and place of performance of the enforcement action and reasons for the request of an additional fee. The additional fee shall be collected together with the basic fee, unless otherwise provided by law.
Bailiff’s additional fee shall be calculated as an hourly fee starting from the first hour with the rate specified in § 47 of this Act for a seizure act performed outside of the bailiff's office which consists of the seizure of movables or immovables in the possession of a debtor. The decision on ordering payment of additional fee shall be issued to the person liable to pay the fee immediately after the seizure act.
(1) A bailiff shall receive an additional fee in the amount of up to 3 % of the sales price of the property for the organisation and conduct of an auction and for division of the total net gain of the auction. Upon failure of an auction, the bailiff has no right to demand an additional fee, unless the failure of the auction was caused by the buyer not paying the purchasing price. In such case the bailiff has the right to demand payment in the amount of 3 % of the security paid by the buyer as his or her additional fee.
(2) The decision to order payment of additional fee shall be issued to the debtor and claimant after the end of the auction and the fee shall be collected upon division of the total net gain of the auction pursuant to the Code of Enforcement Procedure.
A bailiff shall be entitled to demand an additional fee in the amount of up to 1 % of the sales price of the property for the sale of property in another manner permitted by the Code of Enforcement Procedure.
(1) In the case of performance of an enforcement action specified in §§ 36 and 38 of this Act outside of a bailiff's office, the bailiff has the right to demand an additional fee of 19 euros starting from the second hour of the action. The decision to order payment of additional fee shall be issued to the person liable to make the payment immediately after the performance of the enforcement action.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(2) Upon calculation of a fee imposed in the form of an hourly fee, the time for performance of the action which exceeds a full or half hour shall be correspondingly rounded to the full or half hour.
(1) For delivery of procedural documents, a bailiff has the right to demand the advance payment of bailiff’s fee in the amount of 30 euros. The advance payment cannot be demanded from judicial or other public law institutions.
(2) The fee payable to a bailiff for delivery of procedural documents shall be 30 euros if the documents could be delivered to the addressee or a legal representative thereof:
1) via the address or telecommunications data entered in the population register or via e-mail address: personal ID code@eesti.ee;
2) at an address entered in the register of sole proprietors and legal persons maintained in Estonia or via the telecommunications data registered in the information system of the aforementioned register.
(3) If a procedural document could not be delivered although the bailiff did everything necessary and reasonably possible for delivery of the document pursuant to the procedure provided for in the law, the bailiff shall have the right to demand a fee of 30 euros by issuing a decision on the bailiff’s fee and the instrument of delivery concerning what the bailiff has done in order to deliver the document.
(4) In cases unspecified in subsections (2) and (3) of this section, the fee payable to a bailiff for delivery of procedural documents shall be 60 euros.
(5) If a person to whom the documents shall be delivered has the legal obligation to register his or her address or telecommunications data in the register specified in subsection (2) of this section and the person has not complied with the obligation properly, including if the data entered in the register are dated or incorrect for any other reason and therefore procedural documents could not be delivered upon the use of such data, 30 euros of the fee specified in subsection (4) of this section shall be paid, based on a decision on a bailiff’s fee, by the person applying for a professional act and 30 euros by the person to whom the documents were to be delivered.
(6) A bailiff shall not have the right to demand a fee and the paid advance payment shall be returned if a bailiff has not done everything necessary and reasonably possible for delivery of documents pursuant to the procedure provided for in the law within the term determined by court, or in case of absence thereof within two months, and if procedural documents could not be delivered. The specifications of the first sentence of this subsection shall not release the bailiff from the obligation to deliver procedural documents.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(1) Upon making an inventory of estate in succession proceedings, the person liable to pay the bailiff’s fee shall be the successor. Co-successors shall be solidarily liable for the payment of the fee.
[RT I 2010, 38, 231 - entry into force 01.07.2010]
(2) Bailiff’s fee shall be 0.1% of the total value of rights belonging into the property entered in the inventory of estate but not less than 35 euros and not more than 3336 euros.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) Bailiff’s fee for making an inventory of estate becomes collectible after submitting the inventory of estate to the notary.
(1) The person applying for an auction shall pay for the conduct of an auction.
(2) The bailiff's fee for recording and valuation of property sold by auction shall be one half of the rate of fee which corresponds to the value of the recorded property according to the valuation report. The fee shall be calculated on the bases specified in § 36 of this Act.
(3) A bailiff shall receive a fee in the amount of 3 % of the sales price of the property for the organisation and conduct of an auction.
(4) A bailiff is entitled to receive a fee after the conduct of an auction by issuing a decision on the bailiff’s fee. Upon failure of an auction, the bailiff is entitled to demand a fee for actions specified in subsection (2) of this section.
(1) A bailiff shall be entitled to receive a fee for making a copy of a document related to professional acts specified in this section with the rate specified in § 42 (2) of this Act.
(2) Bailiff’s fee upon issue of a certificate with regard to professional acts specified in this section shall be 1.50 euros.
[RT I, 30.12.2010, 2 - entry into force 01.01.2011]
An obligated person may file an appeal concerning the decision to order the payment of bailiff’s fee pursuant to the procedure for the contestation of a bailiff’s decision specified in the Code of Enforcement Procedure.
If a court finds that the activities of a bailiff in the collection of the fee or calculation of the amount of the fee are unlawful, the bailiff shall return the amount which is claimed and paid without legal basis to the obligated person within ten days as of entry into force of the decision.
(1) The Ministry of Justice shall supervise the professional activities of bailiffs. Supervision concerning the implementation of the statutes of the Chamber, decision of bodies and good professional practices established by the Chamber shall be exercised by the court of honour of the Chamber (hereinafter court of honour).
(2) The Minister of Justice may involve the Chamber in the supervision activities.
(3) The Minister of Justice may delegate by a regulation the supervision to the Chamber in the following matters:
1) adherence to prohibition on working in the same offices with the representatives of other professions;
2) adherence to office opening hours as required;
3) adherence to restrictions on services of bailiffs;
4) personal performance of official duties imposed on bailiffs by law;
5) existence and conformity with established requirements of professional liability insurance;
6) adherence to requirements on registration of professional acts;
7) drawing of statistics and submission of reports.
(4) In matters delegated for supervision, the Minister of Justice or a person authorized by the Minister of Justice may give instructions and revoke the decisions adopted by the Chamber upon exercising supervision.
(1) The supervisory authority shall inspect the conformity to the requirements of the professional activities of bailiffs, including the matters specified in § 54 (3) of this Act and:
1) the turnover through the professional bank account of a bailiff;
2) advance payment and enforcement expenses of a bailiff, including legality of collection of fees;
3) registration of professional acts and organisation of information technology work;
4) conformance to the requirements, obligations and terms set forth in legislation or good professional practices.
(11) The supervisory authority shall be competent to inspect the conformity to the requirements of the professional activities of bailiffs also in those issues which according to the law can be adjudicated in complaint proceedings or actions.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(2) Supervision shall not include evaluation of the feasibility of the legal solutions selected by a bailiff in the performance of a professional act. The supervisory authority has the right, upon exercising supervision over the professional activities of bailiffs, to intervene in the substantive issues of a bailiff’s decision-making procedure if a bailiff has failed to comply with a clearly provided and unambiguous legal provision or the established judicial practice.
[RT I, 29.06.2012, 3 - entry into force 01.01.2013]
(3) The procedure for exercising supervision over the professional activities of bailiffs shall be established by a regulation of the Minister of Justice.
Disciplinary offences of bailiffs are:
1) wrongful non-performance or unsatisfactory performance of duties arising from the legislation, decisions of the Chamber and good professional practices in the professional activities and holding office as a bailiff, including charging fees not in compliance with the rates of bailiffs’ fees;
2) an indecent act which is in conflict with the generally recognised moral standards or which decreases the trustworthiness of the profession of bailiff, regardless of whether the act is committed upon the performance of official duties.
(1) The disciplinary penalties imposed on bailiffs are:
1) reprimand;
2) fine;
3) removal from office.
(2) If a reasoned doubt should arise upon disciplinary proceedings that the provision of professional services may impede the performance of official duties of a bailiff as required, the provision of professional services of a bailiff may be prohibited for up to three years in addition to imposing the disciplinary penalty specified in subsection (1) of this section.
(3) The Minister of Justice and the court of honour have the authority to impose a disciplinary penalty on a bailiff.
(4) The court of honour may impose a disciplinary penalty upon proceeding of matters specified in § 100 of this Act.
(1) The Ministry of Justice may transfer a disciplinary proceeding commenced with regard to a bailiff for resolving to a court of honour.
(2) If the Ministry of Justice has commenced disciplinary proceedings with regard to a bailiff, the court of honour shall terminate the proceedings of court of honour in the same matter.
(1) The Minister of Justice may commence disciplinary proceedings if the results of the supervision over the activities of a bailiff or a complaint from a person or any other document or communication give reason to believe that the bailiff has committed a disciplinary offence.
(2) The court of honour commences and conducts proceedings of court of honour pursuant to the procedure provided for in § 101 and 102 of this Act.
(3) The body commencing disciplinary proceedings shall request a written explanation from the bailiff concerning the circumstances which are the basis for the commencement of disciplinary proceedings.
(4) If the court of honour submits a proposal to the Ministry of Justice in order to decide the removal of a bailiff from office, the Ministry of Justice shall not be required to commence disciplinary proceedings and may make a decision to remove or not remove a bailiff from office on the basis of the submitted proposal and the circumstances for the establishment of an offence forwarded by the court of honour. If the court of honour has not gathered sufficient evidence in the course of disciplinary proceedings, the Ministry of Justice may gather additional evidence itself or return the disciplinary matter to the court of honour for gathering additional evidence.
(1) Disciplinary penalties determined for bailiffs by the Ministry of Justice are:
1) reprimand;
2) fine in the amount of 64–6400 euros;
[RT I 2010, 22, 108 - entry into force 01.01.2011]
3) removal from office.
(2) A fine shall be paid within three months as of the imposition thereof. The fine shall be transferred into public revenues.
(3) A bailiff may be removed from office for a serious disciplinary offence, for an offence committed while a disciplinary penalty which has not expired or is not cancelled or for an indecent act which renders it impossible for the person to act as a bailiff. Prior to the removal of a bailiff from office, the explanations of the bailiff and the opinion of the Chamber shall be heard.
(1) A disciplinary penalty for a disciplinary offence may be imposed within three years after the disciplinary offence was committed.
(2) The limitation period of a disciplinary offence is suspended during the proceeding of the disciplinary matter, including during proceeding in court as well as at the term of filing an appeal or appeal in cassation.
(3) If a court annuls a disciplinary penalty imposed on a bailiff due to the fact that such penalty does not correspond to the offence, a new penalty may be imposed on the bailiff within one month after entry into force of the court judgment without commencing new disciplinary proceedings.
(1) Only one disciplinary penalty may be imposed for one disciplinary offence.
(2) Continuation of a disciplinary offence after the imposition of a disciplinary penalty is a new disciplinary offence and another disciplinary penalty may be imposed on a bailiff therefor.
The imposition of a disciplinary penalty for a bailiff shall not prevent the bringing of administrative, criminal or financial charges against a bailiff and vice versa.
A disciplinary penalty expires if no new disciplinary penalty is imposed on the bailiff within three years after the imposition of the penalty.
A bailiff may file an appeal against the imposition of a disciplinary penalty with an administrative court within one month as of becoming aware of the imposition of penalty.
[RT I, 14.03.2011, 3 - entry into force 24.03.2011]
If disciplinary proceedings have been commenced against a bailiff, the bailiff shall not be released from office at his or her own request before the termination of the disciplinary proceedings.
(1) The Chamber is a legal person in public law, the members of which are all bailiffs and persons having the right to act as trustees in bankruptcy (hereinafter trustee in bankruptcy).
(2) The Chamber shall be registered in the state register of state and local government agencies.
(1) Statutes of the Chamber shall be adopted and amended by a decision of the occupational union and professional union. Draft statutes or draft for the amendment thereof shall be co-ordinated with the Ministry of Justice before the adoption.
(2) Statutes of the Chamber shall specify the work organisation of the bodies of the Chamber, legal relationship between the bodies and members of the Chamber, procedure for administration and management of the Chamber and regulate other matters in connection with the activity of the Chamber.
(1) The basis for planning the budget and activity of the Chamber shall be the Chamber’s development plan in which the objectives for the development of professional activities of the Chamber and bailiffs and professional activities of trustees in bankruptcy shall be established for the next four financial years. The development plan shall be reviewed in at least every two years.
(2) The drawing of draft development plan shall be organised by the governing body of the Chamber, taking into account the tasks imposed on the Chamber with legislation. The draft development plan shall be co-ordinated with the Ministry of Justice before submission for adoption to the occupational and professional union.
(1) Supervision over the legality of the Chamber’s activity shall be exercised by the Ministry of Justice who may demand the submission of data and documents necessary for exercising supervision from the governing body of the Chamber as well as from the management board of the occupational and professional union and file an appeal against an act or action by a body of the Chamber with administrative court.
(2) The Ministry of Justice shall also be entitled to inspect the economic activities of the Chamber.
(3) The Chamber shall submit a report concerning the activity of the Chamber in the previous year and plan of action for the implementation of basic tasks of the Chamber in the current year to the Ministry of Justice no later than by March each year.
(4) If the Chamber does not fulfil the obligations imposed on the Chamber by law, the Ministry of Justice may issue a precept to the Chamber. In order to ensure compliance with the precept, the Ministry of Justice may determine a penalty payment for the Chamber up to 6400 euros pursuant to the procedure prescribed in the Substitutive Enforcement and Penalty Payment Act.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(1) Assets of the Chamber comprise of:
1) obligatory membership fees of bailiffs and trustees in bankruptcy;
2) fines collected on the basis of a decision of the court of honour;
3) revenue received from placement of the Chamber’s funds;
4) donations;
5) other receipts.
(2) The governing body of the Chamber may, on the account of the budget section of the occupational union, grant a loan to a bailiff for commencement of his or her professional activities or for implementation of significant changes related to professional activities, or secure a loan taken by a bailiff for the same purpose.
(3) Upon the request of the Minister of Justice, occupational or professional union or audit committee, the governing body shall order the audit of the economic activities of the Chamber or annual economic activity report. The audit shall be conducted by an auditor appointed by the occupational and professional union.
(1) The financial year of the Chamber shall be the calendar year. The budget of the Chamber shall be approved by the governing body no later than in December preceding the financial year.
(2) The budget of the Chamber composes of the budget section of the occupational union, budget section of the professional union and common budget section thereof.
(3) The common budget section reflects the revenue and expenditure related to the common activity of the occupational and professional union, Chamber’s revenue and expenditure directly not related to the activity of the occupational and professional union and the Chamber’s maintenance expenses. The budget section of the occupational and professional union reflects only the revenue and expenditure of the Chamber related to the activity of the respective union.
(4) Funds shall be allocated on account of the budget section of the occupational union as well as the professional union in order to cover the expenses reflected in the common budget section. The amount allocated for common budget section shall be divided proportionally between the occupational and professional union, taking into account the number of members of each union, unless the governing body decides otherwise. Two-thirds of the members of the governing body must be in favour of the decision.
Financial year of the Chamber shall be the calendar year.
(1) The minimum membership fee of the Chamber shall be established by the occupational and professional union by co-ordinating it with the Ministry of Justice in advance.
(2) The amount of bailiffs’ membership fee and the bases for calculation thereof shall be established by the occupational union and the amount of membership fee of trustees in bankruptcy and the bases for calculation thereof shall be established by the professional union, taking into account the minimum rate of membership fee. Membership fee shall be established in the amount which ensures sufficient funding of the Chamber in order to achieve the objectives established in legislation and the Chamber’s development plan and performance of tasks.
(3) The membership fee shall be collected in the budget section of the occupational or professional union respectively. A member of the Chamber who acts as a bailiff as well as a trustee in bankruptcy shall pay the membership fee to the occupational union.
(4) Upon delay with the payment obligation of membership fee, the member of the Chamber having violated this obligation shall pay interest on arrears to the occupational or professional union with the rate specified in § 113 (1) of the Law of Obligations Act.
(1) The occupational union shall establish good occupational practice which shall be obligatory for bailiffs to follow.
(2) The professional union shall establish good professional practice which shall be obligatory for trustees in bankruptcy to follow.
(3) The draft of good occupational or professional practice as well as the draft to amend each shall be co-ordinated with the Ministry of Justice before establishment thereof.
(1) The Chamber shall have a seal with the image of the national coat of arms of Estonia.
(2) The Chamber has the right to use the image of the national coat of arms of Estonia on its documents and on signs.
(1) On the website of the Chamber, the Chamber shall make available information concerning bailiffs and trustees in bankruptcy which is necessary to the public and above all, shall indicate the addresses, office hours and telecommunication numbers of offices. The statutes, good occupational and professional practice and other public documents shall be made public on the website.
(2) The Minister of Justice may establish by a regulation the list of data made available through the Chamber’s website.
Among other things, the tasks of the Chamber include:
1) promotion of the occupational activities of bailiffs and professional activities of trustees in bankruptcy;
2) development and publication of good occupational and professional practice and exercise of supervision over compliance therewith;
3) organising the competition for filling the office of a bailiff;
4) maintaining the list of bailiffs, assistant bailiffs and trustees in bankruptcy;
5) organising the in-service training of bailiffs and trustees in bankruptcy;
6) supervision over the professional activities and dignified behaviour of bailiffs and trustees in bankruptcy;
7) preparation of recommendations for harmonising the professional practice of bailiffs and trustees in bankruptcy;
8) organising the training of bailiffs and trustees in bankruptcy;
9) conduct of the examination of bailiff, assistant bailiff and trustee in bankruptcy;
10) inspecting conformity with the in-service training obligation of bailiffs and trustees in bankruptcy;
11) resolving of issues related to substitution of bailiffs and assuring the availability of information related to bailiffs and trustees in bankruptcy which is necessary to the public on the Chamber’s website;
12) assisting the Ministry of Justice upon exercising state supervision over bailiffs and trustees in bankruptcy;
13) development and maintenance of information systems necessary for the work of bailiffs and trustees in bankruptcy;
14) resolving of issues related to international communication and representation of the members of the Chamber in domestic and foreign institutions;
15) drawing of statistical reports concerning the activity of bailiffs and submission thereof to the Ministry of Justice at the terms determined by the Minister of Justice;
16) issue of information from the book concerning the professional activities of a bailiff to the entitled persons;
17) organising the administration of documents of bailiffs and trustees in bankruptcy to be archived on the basis of a decision of occupational or professional union;
18) verifying the existence of professional liability insurance of bailiffs and trustees in bankruptcy;
19) entry into collective professional liability insurance of bailiffs and trustees in bankruptcy with an insurer on the basis of a decision of occupational and professional union;
20) governing the Chamber’s assets;
21) division of public functions for fulfilment to bailiffs pursuant to the procedure provided by legislation;
22) maintaining joint warehouse of movable property sold in enforcement and bankruptcy proceedings.
(1) Bodies of the Chamber are:
1) occupational union;
2) professional union;
3) governing body;
4) management board of the occupational union;
5) management board of the professional union;
6) examination board;
7) audit committee;
8) court of honour.
(2) The governing body of the Chamber shall be entitled to form committees for the implementation of tasks in the competence of the Chamber.
(1) The occupational union and the professional union are the highest bodies of the Chamber.
(2) All bailiffs belong into the occupational union.
(3) All trustees in bankruptcy belong into the professional union.
(1) The annual occupational and professional union gather jointly on the first Friday of March each year.
(2) The governing body notifies the members of the Chamber of the agenda of annual occupational and professional union as well as the time and place of gathering at least three weeks before the gathering.
(3) The agenda can be changed by the occupational and professional union if at least two-thirds of the votes represented by occupational union and professional union are in favour.
(1) Extraordinary occupational and professional union shall be called according to necessity. Extraordinary occupational and professional union is not required to gather jointly or at the same time.
(2) Extraordinary occupational and professional union shall be called by the governing body:
1) on its own initiative;
2) on the proposal of the management board of the occupational or professional union;
3) on the proposal of the Minister of Justice;
4) on the initiative of at least one-third of the members of occupational or professional union.
(3) The governing body shall notify the members of the Chamber belonging into occupational or professional union of the agenda of extraordinary occupational and professional union as well as the time and place of gathering one month before the gathering.
(4) Instead of calling the extraordinary occupational or professional union, the governing body may give the issue which needs to be resolved for deciding to the occupational or professional union pursuant to the procedure specified in § 84 of this Act.
(5) If the governing body does not call the occupational or professional union within one month since the receipt of proposal specified in subsection (2) of this section or does not give the issue for deciding within the same term pursuant to the procedure specified in § 84 of this Act, the body or persons having made the proposal are entitled to call the extraordinary occupational or professional union themselves.
(6) The initiator of calling the extraordinary occupational or professional union shall also determine the agenda. The agenda can be changed by the occupational or professional union if at least two thirds of the members present at the occupational or professional union are in favour.
(1) A member of the Chamber shall participate in the work of occupational or professional union in person.
(2) A member of the Chamber cannot waive or refuse to participate in the decision making of issues decided in the occupational or professional union.
(3) If, according to this Act, it is necessary for adoption of decision that both the occupational and professional union are in favour, a decision shall be adopted if more than half of the members participating in the annual or extraordinary occupational union and more than half of the members participating in the annual or extraordinary professional union are in favour.
(4) In order to decide issues within the competence of the occupational or professional union, it is necessary for adoption of decision that more than half of the members participating the annual or extraordinary occupational or professional union are in favour.
(5) Every member of the Chamber has one vote in the occupational or professional union to which he or she belongs. If a bailiff belongs to the occupational union as well as the professional union, his or her vote shall be deemed to belong to the occupational union.
(1) On the proposal of the governing body, the members of occupational or professional union shall be entitled to adopt decisions in issues within the competence of occupational or professional union without calling the occupational or professional union. In this case decisions shall be made electronically.
(2) A member of the occupational or professional union cannot waive or refuse to participate in deciding the issues pursuant to the procedure specified in subsection (1) of this section. A member shall participate in the decision making in person.
(3) If a decision is made pursuant to the procedure specified in subsection (1) of this section, the decision shall be adopted if more than half of the members of the occupational or professional union have voted in favour. If, according to this Act, it is necessary for an adoption of a decision that both the occupational union and professional union are in favour, a decision shall be adopted pursuant to the procedure specified in subsection (1) of this section if more than half of the members of both the occupational union and professional union have voted in favour.
(4) The bodies of the Chamber cannot be elected pursuant to the procedure specified in subsection (1) of this section.
(5) The specific procedure for deciding the issues pursuant to the procedure specified in subsection (1) of this section shall be provided in the statutes of the Chamber.
The members shall be elected into the bodies of the Chamber by the occupational or professional union in accordance with the following principles:
1) the members of each body are elected separately;
2) votes are given by secret ballot;
3) the candidate who receives the greatest numbers of votes is elected, unless this Act provides for a different requirement;
4) if votes are divided equally, a second round shall be held between the two candidates who received the largest number of votes. The candidate who receives the greatest numbers of votes is elected. If votes are divided equally in the second round, lots shall be drawn;
5) a member of one elected body cannot be a member of another elected body at the same time.
(1) The occupational and professional union shall:
1) adopt the statutes of the Chamber;
2) adopt the development plan of the Chamber;
3) establish the minimum rate of membership fee;
4) approve the management report for the financial year of the governing body;
5) approve the annual report of the Chamber;
6) appoint an auditor.
(2) For the adoption of decisions specified in subsection (1) of this section, the majority of votes in favour of both the occupational and professional union shall be necessary.
(3) Occupational union:
1) elects and recalls the management board of the occupational union before the end of term if necessary;
2) elects two bailiffs who shall participate in the work of the audit committee;
3) elects three bailiffs who shall participate in the work of the court of honour;
4) elects one bailiff who shall participate in the work of the examination board;
5) establishes the amount of membership fee of bailiffs;
6) establishes good occupational practice of bailiffs;
7) gives instructions for harmonising the professional practice of bailiffs;
8) decides other issues prescribed in the law and statutes of the Chamber.
(4) Professional union:
1) elects and recalls the management board of the professional union before the end of term if necessary;
2) elects two trustees in bankruptcy who shall participate in the work of the audit committee;
3) elects three trustees in bankruptcy who shall participate in the work of the court of honour;
4) elects one trustee in bankruptcy who shall participate in the work of the examination board;
5) establishes the amount of membership fee of trustees in bankruptcy;
6) establishes good professional practice of trustees in bankruptcy;
7) gives instructions for harmonising the professional practice of trustees in bankruptcy;
8) decides other issues prescribed in the law and statutes of the Chamber.
(1) The governing body is the directing body of the Chamber which directs and plans the activity of the Chamber and organises the accounting of the Chamber and other reporting. The governing body ensures the implementation of decisions of the occupational and professional union and the performance of assignments of the Chamber arising from legislation.
(2) The governing body shall be competent to give orders to the management boards of the occupational and professional union and delegate assignments to the occupational and professional union.
(3) The governing body appoints the chancellor of the Chamber to office and approves the job description of the chancellor as well as the amount of remuneration paid to the chancellor.
(4) Members of the management board of the occupational union and professional union as well as a person appointed by the Minister of Justice belong into the governing body. The authority of a member of the governing body expires at the same time as his or her authority as a member of the occupational or professional union. The authority of a member of the governing body expires upon appointment of a new member of the governing body.
(1) The governing body shall elect a chairman and deputy chairman amongst the members of the governing body. The deputy chairman of the Chamber cannot belong to the same occupational or professional union as the chairman of the Chamber. The member of governing body appointed by the Minister of Justice cannot be elected as a chairman or deputy chairman.
(2) The authority of the chairman and deputy chairman of the Chamber shall be three years but regardless of the given term, the authority cannot last longer than their authority as the member of the governing body. After expiry of the term of authority, the chairman and deputy chairman of the Chamber may be re-elected. The chairman and the deputy chairman of the Chamber may be recalled before expiry of the term of their authority.
(3) The chairman of the Chamber represents the Chamber in all legal acts, unless otherwise prescribed in the statutes. The chairman of both the management board of occupational and professional union represents the Chamber according to their area of liability pursuant to the procedure and to the extent specified by the chairman of the Chamber, unless otherwise prescribed in the statutes. The chancellor represents the Chamber pursuant to the procedure and to the extent specified by the chairman of the Chamber, unless otherwise prescribed in the statutes.
(4) The chairman of the Chamber organises the activity of the governing body. In case of absence of the chairman, the activity of the Chamber shall be organised by the deputy chairman of the Chamber.
(5) In case of incapacity for work of the chairman of the Chamber, he or she shall be substituted by a deputy chairman. In other cases the deputy chairman shall substitute the chairman pursuant to the procedure specified by the chairman.
(1) The meetings of the governing body shall take place according to necessity but at least once in a quarter.
(2) The meeting of the governing body shall be called by the chairman of the Chamber. The procedure for calling and conducting a meeting shall be prescribed in the statutes of the Chamber.
(3) The governing body has quorum if more than half of the members of the governing body participate in making decisions, unless otherwise provided by law.
(4) A decision of the governing body shall be adopted if more than half of the members of the governing body having participated in the making of decision have voted in favour, unless otherwise provided by law. In case votes are divided equally, the decision shall not be adopted.
(5) The governing body may adopt decisions without calling a meeting pursuant to the procedure provided in the statutes of the Chamber.
Chancellor of the Chamber shall be a person permanently employed in the Chamber who organises the activity of the Chamber, manages the chancellery of the Chamber and ensures the service of the bodies of the Chamber. The chancellor shall be subordinate to the chairman of the Chamber.
(1) The management boards of the occupational and professional union shall be the permanently acting directing bodies of the Chamber who shall direct the activity of the Chamber and implement the decisions of the occupational and professional union and governing body. Both management boards shall be liable for the implementation of the tasks of the Chamber in the field of its occupational or professional activity.
(2) Three bailiffs belong into the management board of the occupational union. Three trustees in bankruptcy belong into the management board of the professional union. The term of authority of the members of both management boards shall be five years.
(3) The management board of the occupational union as well as the professional union shall choose a chairman amongst the members of the management board who shall direct the work of the management board.
(4) The rules of procedure of both management boards shall be prescribed in the statutes of the Chamber.
The tasks of the management board of the occupational and professional union are as follows, depending on the area of their occupational or professional activity:
1) implementation of decisions of occupational or professional union respectively, and the decisions of the governing body;
2) organising the issue of information from the book concerning the professional activities of a bailiff and from the files of bankruptcy matters archived by the Chamber to the entitled person;
3) participation in the drawing of draft development plan of the Chamber as well as the planning and drawing of the budget;
4) exercising supervision over the payment of membership fees in time;
5) exercising supervision over the existence of professional liability insurance;
6) drawing of good professional practice draft;
7) appointing a substitute bailiff in cases specified by law;
8) appointing a supervisor for an applicant for the profession of trustee in bankruptcy;
9) entry into insurance contract which complies with the terms of § 10 of this Act in order to compensate the damage caused by the professional activities of a member of occupational union;
10) implementation of other tasks arising from the law and statutes of the Chamber.
(1) The examination board shall be composed with five members for five years.
(2) The examination board composes of:
1) one bailiff assigned by the occupational union of bailiffs;
2) one trustee in bankruptcy assigned by the professional union of trustees in bankruptcy;
3) two persons assigned by the Minister of Justice;
4) one auditor assigned by the Board of auditors.
(3) The examination board has a quorum if more than half of the members of the board participate in the making of a decision. A meeting of the examination board shall be directed by the chairman of the examination board whom the members of the board elect amongst themselves by a simple majority vote. In case votes are divided equally upon making decisions, the chairman of the examination board shall have the deciding vote.
(4) The procedure for calling and conducting a meeting of the examination board shall be prescribed in the statutes of the Chamber.
The examination board shall:
1) organise and conduct the competition for filling the office of a bailiff;
2) organise and conduct the examination of bailiffs and trustees in bankruptcy;
3) verify the trustworthiness of the candidate for the office of assistant bailiff and applicant for the profession of trustee in bankruptcy;
4) conduct evaluation interviews and decide the sending of a bailiff, assistant bailiff or trustee in bankruptcy to an additional examination and the term of taking the examination if the bailiff, assistant bailiff or trustee in bankruptcy has not complied with the in-service training liability pursuant to the procedure specified in this Act;
5) examine the bailiffs, assistant bailiffs and trustees in bankruptcy sent to an additional examination;
6) establish an instruction for assessment of professional scientific or educational work upon evaluating compliance with the in-service training liability;
7) prepare the training programme of bailiff and trustee in bankruptcy and evaluate the compliance therewith.
(1) The specialist knowledge and suitability of personal characteristics of the person examined shall be assessed in the examination of a bailiff and trustee in bankruptcy. The examination shall be conducted by the examination board and the detailed organisation thereof shall be prescribed in the statutes of the Chamber. The examination composes of a specialist knowledge test and an interview. The interview shall be conducted with a person examined who has passed the specialist knowledge test.
(2) In the course of the interview, the suitability of personal characteristics of the person examined for performing the official duties of bailiff or acting as a trustee in bankruptcy shall be evaluated. During the interview, questions can be asked from the person examined in order to specify the answers given in the specialist knowledge test.
(3) The fields of the specialist knowledge test of the examination of a bailiff and trustee in bankruptcy and the procedure for evaluation of examination shall be established by a regulation of the Minister of Justice.
(4) The examinations shall be organised on the proposal of the Ministry of Justice or the initiative of the Chamber. The bailiff examination and examination of trustee in bankruptcy shall be organised at least once a year. The time and place of the examination and the list of documents necessary for taking the examination as well as the date of submission thereof shall be determined by the examination board. Notice on the examination shall be published on the website of the Chamber.
(5) Before taking the examination of trustee in bankruptcy and the examination specified in § 97 (4) of this Act and a re-examination, the person examined shall pay the fee of 127 euros to the Chamber.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(1) After appointing a bailiff to office by the Minister of Justice or passing the examination of trustee in bankruptcy, the examination board shall prepare an individual training programme for the person. Training programme of a trustee in bankruptcy shall be prepared with the consideration that the compliance therewith would not prevent working on his or her principal job.
(2) Training shall be organised by the management board of the occupational and professional union and the examination board. The organisation and procedure for evaluation shall be prescribed in the statutes of the Chamber.
(3) The management board of the occupational or professional union shall assign at least two supervisors for the person in training who, after the termination of training, shall submit a reasoned opinion concerning the person supervised to the examination board in written form.
(4) A bailiff shall submit a report on compliance with the training programme to the examination board within six months and a person having passed an examination of trustee in bankruptcy within ten months as of approval of the training programme. On the basis of a person’s application, the examination board may extend the term of submitting the report on compliance with the training programme.
(5) On the basis of the report on compliance with training programme and opinions of the supervisors, the examination board shall deem the training as passed or failed. The examination board may choose not to evaluate the results of the training of trustee in bankruptcy and extend the time of compliance with the training programme.
(6) If the examination board evaluates the training of a bailiff as failed or deems the person unfit for acting as a bailiff due to his or her personal characteristics, the management board of the occupational union shall make a proposal to the Minister of Justice to remove the bailiff from office.
(7) If the examination board evaluates the training of a person having passed an examination of trustee in bankruptcy as failed or deems the person unfit for acting as a trustee in bankruptcy due to his or her personal characteristics, the person shall not be granted the profession of a trustee in bankruptcy.
(8) A bailiff who is in training shall be paid remuneration by the Chamber from the budget section of the occupational union.
(1) Compliance with in-service training liability shall be inspected by the examination board once in every five years (hereinafter evaluation period). Requirements for in-service training and extent of in-service training shall be established by a regulation of the Minister of Justice.
(2) No less than two months before the termination of the evaluation period, the examination board shall send a person a notice concerning the termination of the evaluation period and explain which data and by which term shall be submitted concerning the passing of in-service training liability.
(3) A person who has acquired master’s or doctor’s degree in law during the evaluation period is not required to pass in-service training during this period. Sworn advocates and auditors who pass in-service training either in the bar or the Board of auditors are not required to pass the in-service training of the Chamber.
[RT I, 21.12.2012, 1 - entry into force 01.03.2013]
(4) If during the evaluation period a person has failed to pass in-service training in the required extent or has failed to submit data concerning the passing of in-service training to the examination board by the given term, the examination board shall send the person to an examination. The examination shall be passed within four months as of the date of sending to examination. If the person fails to pass the examination, he or she will be sent to a re-examination. In case the person fails to appear for examination without good reason, the examination shall be deemed to be failed.
(5) If a bailiff or assistant bailiff fails to appear for re-examination without good reason or fails to pass it, the management board of the occupational union shall make a proposal to the Minister of Justice to remove the bailiff from office or deletes the assistant bailiff from the list specified in § 24 of this Act.
(6) If a trustee in bankruptcy fails to appear for the examination without good reason or fails to pass the examination in two attempts, the examination board shall make a proposal to the management board of the professional union of trustees in bankruptcy to withdraw the vocation of trustee in bankruptcy from the person.
(1) The audit committee shall inspect the economic activities and management of the Chamber. The audit committee has the right to receive documents and information from the bodies of the Chamber, chairman and chancellor of the Chamber necessary for the performance of its assignments.
(2) Before the governing body of the Chamber submits the management report and annual report of the Chamber to the occupational and professional union of the Chamber for approval, the audit committee shall express its opinion concerning the reports. Upon inspecting the management report and annual report, the audit committee shall also observe if the budget of the period under inspection complies with the development plan. The audit committee submits its opinion to the occupational and professional union.
(3) The audit committee shall be composed with four members for five years. The members of the audit committee shall elect a chairman amongst themselves.
(1) The court of honour shall be composed with seven members for five years.
(2) The court of honour comprises of three bailiffs, three trustees in bankruptcy and one person appointed by the Minister of Justice.
(3) The members of the court of honour shall elect the chairman of the court of honour amongst the members who are bailiffs or trustees in bankruptcy.
(4) The court of honour shall hear a matter in the composition of at least three members.
(5) The court of honour adopts resolutions by a majority of the votes of the members participating in hearing of the matter.
(6) If a member of the court of honour cannot be impartial in a matter under hearing, the member shall remove himself or herself from the hearing.
The court of honour may resolve:
1) offences of wrongful non-performance or inadequate performance of obligations resulting from the decisions of the Chamber and good occupational and professional practice;
2) complaints filed against the conduct of bailiffs or trustees in bankruptcy;
3) complaints filed against the activities of bailiffs or trustees in bankruptcy or disciplinary matters commenced against bailiffs and trustees in bankruptcy which have been transferred for hearing by the Ministry of Justice.
(1) An interested person may turn to the Chamber in order to commence the proceedings of court of honour. Application for the commencement of proceedings of court of honour shall be filed within six months as of the date on which the applicant became aware or should have become aware of the circumstances being the basis for the application.
(2) The court of honour shall commence the proceedings of court of honour upon the request of an interested person, Ministry of Justice or other body of the Chamber if there are grounds to believe that a bailiff or trustee in bankruptcy has committed a disciplinary offence proceeded by the court of honour.
(3) The commencement of proceedings of court of honour shall be decided by the court of honour within one month as of the date on which it became aware of the commission of an act with elements of disciplinary offence. The court of honour shall forward the decision on commencement or failure to commence the proceedings of court of honour immediately to the management board of the occupational and professional union and to the Ministry of Justice.
(4) Upon delivery of the complaint filed by the Ministry of Justice, the proceedings of court of honour shall be deemed to be commenced.
(1) The court of honour may resolve a matter in written proceeding.
(2) Upon the hearing of a matter, the court of honour shall require explanations form the persons concerned. The court of honour shall establish the material circumstances in the matter and gather evidence on its own initiative, if necessary. Upon the request of the court of honour, the bailiff, assistant bailiff or trustee in bankruptcy shall submit the evidence at their disposal to the court of honour.
(3) The court of honour shall resolve the disciplinary offence matter within three months since the commencement of proceedings of court of honour by making a reasoned judgement thereon. Upon good reason, the court of honour may extend the hearing of disciplinary offence matter up to two months. The time during which it is not possible to hear the disciplinary offence matter due to the person towards whom the proceedings of court of honour have been commenced shall not be accounted in the time of proceeding a disciplinary offence matter.
(1) Disciplinary penalties imposed by the court of honour are reprimand and fine of 64–6400 euros which shall be collected in the budget section of the occupational or professional union respectively. In the decision on imposing a fine, the court of honour of the Chamber may prescribe that the fine shall be paid in parts at specific dates within one year.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(2) If the court of honour has established the commission of such disciplinary offence for which an appropriate punishment would be removal from office or deprivation of the right to act in the profession, the court of honour shall make a proposal to the Minister of Justice to remove the bailiff from office or a proposal to the management board of the professional union to deprive the trustee in bankruptcy of the right to act as such. The court of honour shall annex the materials gathered in the course of proceedings of court of honour to the proposal.
(3) The decision of the court of honour on imposing a disciplinary penalty shall be announced after the term for appeal has passed to the members of the occupational or professional union, depending on the appeal filed against the activity of whom the court of honour heard.
(4) The judgment of the court of honour may be appealed to the administrative court by bailiffs and trustees in bankruptcy.
The educational requirement specified in § 17 (1) of this Act shall not be applied to bailiffs who have been appointed to office until 1 July 2002.
A disciplinary penalty imposed before entry into force of this Act expires if a new disciplinary penalty has not been imposed on a bailiff within one year since the imposing of penalty.
(1) A person who passed substitute bailiff’s examination or evaluation before entry into force of this Act shall be entitled to substitute a bailiff after five years since the passing of substitute bailiff’s examination or last evaluation.
(2) Substitute bailiff specified in subsection (1) of this section shall substitute a bailiff pursuant to the procedure specified in this Act.
For a professional act of a bailiff which is made before entry into force of this Act, fee shall be charged according to the rate of fee and procedure for charging a fee applicable at the time of performing the act.
(1) All persons acting as bailiffs at the time of entry into force of this Act and substitute bailiffs appointed by the Minister of Justice specified in § 17 (5) of the Bailiffs Act shall become members of the Chamber upon entry into force of this Act.
(2) A trustee in bankruptcy, sworn advocate and senior clerk of sworn advocate who wish to continue their activity as a trustee in bankruptcy shall submit an application to the Ministry of Justice in order to become a member of the Chamber within two months as of entry into force of this Act. If a trustee in bankruptcy fails to submit an application in order to become a member of the Chamber in time, the Minister of Justice shall deprive the person of the right to act as a trustee in bankruptcy.
The Minister of Justice shall call the first occupational and professional union who shall elect the bodies of the Chamber. Until the election of the governing body and the management board, a person appointed by the Minister of Justice shall be in charge of the Chamber.
(1) A trustee in bankruptcy, sworn advocate or senior clerk of sworn advocate who do not wish to become a member of the Chamber may proceed bankruptcy matters in which he or she has been appointed as trustee until termination thereof.
(2) A person who has been appointed as a trustee in bankruptcy or interim trustee in bankruptcy proceedings after entry into force of this Act and who does not submit an application for becoming a member of the Chamber within the term specified in § 107 (2) of this Act shall be obligated to notify the court thereof. The court shall release the trustee in bankruptcy pursuant to the procedure specified in § 68 of the Bankruptcy Act.
The first occupational and professional union shall adopt the statutes previously co-ordinated with the Ministry of Justice. If the first occupational and professional union fails to adopt the statutes, extraordinary occupational and professional union shall be called within two months as of the first occupational and professional union. If the extraordinary occupational and professional union fails to adopt the statutes previously co-ordinated with the Ministry of Justice, the statutes of the Chamber shall be adopted by a regulation of the Minister of Justice. The regulation of the Minister of Justice shall be revoked if the occupational and professional union adopt the statutes previously co-ordinated with the Ministry of Justice which becomes valid after revocation of the regulation by the Minister of Justice.
(1) The first occupational and professional union shall establish the minimum rate of membership fee in the amount previously co-ordinated with the Minister of Justice. The minimum rate of membership fee within the first five years shall be at least three per cent of the amounts received within the financial year of the Chamber as bailiff’s fee or at least three per cent of the amounts determined by court as the fee of trustee in bankruptcy or the fee of interim trustee, but not less than 31 euros per month.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(2) If the first occupational or professional union does not establish the minimum rate of membership fee, it will be established by a regulation of the Minister of Justice. The Minister of Justice may establish the minimum rate as a fee of up to five per cent of the amounts received within the financial year of the Chamber as bailiff’s fee or up to five per cent of the amounts determined by court as the fee of trustee in bankruptcy or the fee of interim trustee, but not less than 31 euros per month.
[RT I 2010, 22, 108 - entry into force 01.01.2011]
(3) A regulation of the Minister of Justice shall be revoked if the occupational and professional union establish the minimum rates of membership fee co-ordinated with the Ministry of Justice in advance which shall become applicable after the regulation of the Minister of Justice has been revoked.
The beginning of the first evaluation period for compliance with the in-service training liability of bailiffs and trustees in bankruptcy shall be the date of entry into force of this Act.
Upon entry into force of this Act, the activity of plenary assembly of bailiffs shall be terminated and the plenary assembly shall be liquidated. The members of plenary assembly shall implement the liquidation. If they decide to transfer the assets of the plenary assembly to the Chamber, the assets shall remain in the disposition of the occupational union of bailiffs.
(1) The Minister of Justice can establish, by a regulation, requirements for the content and data processing of the information system of bankruptcy proceedings and the information system of bailiffs, and determine the extent in which these must enable digital data interchange with other databases.
(2) Electronic auction environment shall be taken into use no later than by 1 January 2013. Oral auctions shall be conducted before taking the auction media into use.
The law applicable at the time of occurrence of an insurance event and the terms of insurance contract shall be applied with regard to insurance events having taken place before entry into force of this Act.
§ 117. – § 131. [Omitted from this text.]
(1) This Act enters into force on 1 January 2010.
(2) § 120, 122 and 128 enter into force pursuant to general procedure.
